That may get a decision (not necessarily a good decision). However, it really does boggle the mind that the DHS/FBI would do a cursory, or incomplete, background check on applicant whose asylum application was approved. Some of us were privileged to fly in here, and seek asylum, I agree, but I would still pretty much she asked people not to come, than expand and energize the anti-immigration base, paving the way for more cruelty on current and future asylum seekers, should we face another anti-immigration administration. They are an immoral, unscrupulous bunch, I tell you. Reply . He is not suggesting to sue the USCIS. Depression, anxiety, limbo, etc. s. sherry isaac. Still waiting, These cards are very delayed lately. I will however still maintain that throwing toddlers over that fence is outright dangerous and cruel. Dont be ashamed to seek mental health counseling and take medication. Most of my clients get the GC in 1.5 or 2 years, but even so, it is very slow. If you recall, it was literally months ago that asylum seekers- and I am talking about the ones who made their way into the U.S. and filed their asylum applications affirmatively and defensively- were being vilified and demonized by the Republicans (remember when Jeff Sessions, for example, started dismantling the asylum system?) They told me that Potomac service center is currently processing EAD applications from July 2020 and the current processing time is 7 to 11 months. You could wait years for a hearing due to long backlogs, in July 2018 the average wait time was 721 days, and it is likely to have increased since then. Why there are so many people doing like protesting or seeking asylum such ? Jason, I definitely agree. https://www.usnews.com/news/best-countries/power-rankings, Source attached. Take care, Jason, I know that even if you are GC asylum based holder, you will always need to use RTD. I have received my approval letter next week. The AO notes was there that why my asylum was approved. You are right! The judge will put your asylum case on hold and wait for the I-130 to be approved. Recently I won a green card lottery which I am so excited about, and preparing adjustment of status application based on that. If you are worried about it, you can also email the asylum office directly to inform them of your new address you can find their email if you follow the link under Resources called Asylum Office Locator. The delayed decisions are particularly frustrating these days, since the Asylum Offices are interviewing so few new cases. they should not withdraw their asylum application and lose the possibility of appealing a denial. Bill to combat youth fentanyl crisis to be introduced after multiple teens overdose in a Texas school district. Such checks are largely outside the control of the Asylum Office, and can cause significant delay. Also, Gavin Newsom appointed a latino to fill her seat. There is a link under Resources called FOIA USCIS you can use that. Thus it can years for them to process or issue decisions in both affirmative asylum applications (the kind you file on your own) and defensive asylum cases (the kind you raise during removal proceedings in immigration court). For people with cases before USCIS, use form AR-11, available at http://www.uscis.gov. If the government is concerned about the identity of an asylee/refugee (one who has been granted asylum or admitted to the U.S. as refugee), and therefore the safety of its citizens, doesnt it make sense that the government would do a thorough background check before the applicant is granted asylum or admitted into the U.S. as refugee since these statuses are indefinite and potentially permanent? He may want to contact some non-profits near the border to see if they have a better idea about the situation there. Take care, Jason, Thank you Jason. Take care, Jason. Below are a few options that might be worth a try: Inquire Yourself: Contact the Asylum Office directly to ask about your case. What is your opinion of an Asylee pending adjustment under 209 who travels with Advance Parole (without RTD)? i dont get why the government not extend the validity to 2,3, 5 years !! conservative ? California lawmakers have authored more than 30 bills in the Legislature this year to address fentanyl. I have a dilemma regarding my situation. Sorry for my rambling. If their husband/father has a pending asylum case, maybe the better bet is to try to have him expedite the case if he is granted, he can file to bring eligible family members to the US. We are seeing people wait 5, 6, 7 months or more. Thanks Jason for weighing in . I wrote about that on September 11, 2017. I was able to get my DL renewed with the receipt notice at SF DMV location. I applied for an extension in November 2020, so its been pending for over 6 months now. Unfortunately, the system is just slow (I Was at an I-130 interview today for a person in court we filed the I-130 case in 2019). Whats the reason for this post-interview delay, and what can you do if you were interviewed, but have not received a decision? Karine Jean-Pierre | 1.7K views, 59 likes, 3 loves, 75 comments, 8 shares, Facebook Watch Videos from RT: Press briefing by White House Press Secretary. Citizenship and Immigration Services (USCIS) and the Immigration Courts (EOIR) are extremely backlogged. Such an inspiration. @Asylum seeker I understand your concern. However, there are many issues to consider, and I do not know whether he would be eligible or get into trouble. Refugees- the ones who were already vetted by the U.S. government and the UN Refugee Agency- were categorized as a threat to the U.S. As such, the drastic reduction in the number of refugees admitted into the U.S. was warranted (in their minds). Disposed that life happens whilst this long wait, applicants sometime want to take their request for asylum. Or extend validity time of EAD.. You can ask to expedite your EAD processing only if you suffer financial loss. They're generally pretty willing to do that. You already have all the info you need. The decision is pending. Take care, Jason. I dont believe FGM is at issue tho since its a less polarizing topic and I doubt I would find any adjudicators believing FGM is right or defend it. Remember you are in removing proceeding, so you can't file I-130 and I-485 simultaneously. This is the best way to keep asylum around for future people fleeing harm in their countries. . En Espaol. Hey, is the asylum decision pending from 2013 or your interview is pending? 3 In my experience, they are pretty good and so hopefully you will receive news in a few weeks (though in some cases, it can be a lot longer). I prefer to live in a world where more people say what they mean and mean what they say. Thats pretty long, I was hoping to get interviewed in 10 months but my lawyer told me it can take 2 years. I also did a blog post with ideas for expediting on January 29, 2020 maybe that would help. Like I said, seeking asylum is legal and I am grateful for the opportunity to seek asylum, and would very much want the opportunity for everyone facing any form of persecution. Shake my head. The numerical bar does not apply.23 Jointly filed MTR by the respondent and DHS. Unfortunately, for many of these old cases, it feels like they have been forgotten, and there is no indication about when a decision will ever be issued. So if Im lucky it should be processed around mid-end August. The only difference between these asylum seekers and the Central American migrants is HOW they are trying to seek asylum- some manage to find their way to the U.S. and others beg for asylum at the border. Such a move might be challenged in court, but given the easy legal standard for asylum, it does seem to me an option. (202) 328-1353 I know it might sound outrageous, but I want to ask. Where did you see the status change of decision pending? That really helps in the decision process , Will apply for Green card based on my asylum in two months- i have a question-, I have waited a year from interview date until I received my asylum approval usually during that one year wait- everyone was saying its all because of background checks-. Unfortunately, it has angered asylum seekers, but if someone like President Trump went and said to them in Guatemala you are welcome to our country . Take care, Jason, Hi Jason, i lost my passport, EAD and SS card but my EAD is expiring soon. Finger crossed. I do understand I wont be able to fly or drive and will have to carry a copy of my Notice of Receipt for Asylum Application at all times, but is there anything else I could do? Please from your experience from an Advance Parole document does it include a passport number in it? Guess what? Did I say that she did or did not say people should not seek asylum ? The length of time your case takes does not mean anything about whether or not you will win asylum. Picks?) He actually had a situation that force him to come to the US and seek asylum. You can also inquire with the USCIS Ombudsman (you can find a link under Resources as well), though they are not super helpful these days. An asylum applicant can apply for advance parole and travel to a third country, but in each case, she should consult with an attorney before leaving the US. They all have passport. But his kids and wife are back home. Maybe depends on states. Republicans and some moderate Democrats favor public safety measures that would increase prison sentences for dealers. Hi Jason, for Asylum based I-485 for principal applicant, is having an interview is the norm or the exception? What asylum office did you file it at ? Dzubow & Pilcher, PLLC We must fight back; before we know it, words like asylum and refugee will become synonymous with illegal. I did a post parsing this issue on December 30, 2013, if you are interested. Letter was sent , disappeared, no answer back. which filed office are you from? Even though Biden is POTUS, and there is a new administration, we are still not back to pre-Trump refugee admission levels because of the amount of damage already done. Most importantly, Republicans have no new immigration/open border talking point. More straightforward and chill and more willing to take bold actions. I dont know how to answer the question about being arrested before. I am sure you do; I pray for you. Thanks in advance, I think processing times at http://www.uscis.gov are 1 to 3 years, but most of our cases seem to take 1.5 to 2 years. In short, all this should be streamlined and made consistent. Once you receive confirmation that your asylum application has been in fact withdrawn, then you can travel to the country from which you claimed "fear" of persecution. Take care, Jason. I did a post on April 7, 2021 with more info on this point. The U.S. has some very sophisticated technologies, including those used when immigrants and non-immigrants are seeking to be admitted to the U.S., that they can use to verify the applicants identity (in seconds, too). I was out of schedule. I do think the issue is (and always has been) political Trump rode to power largely as a result of his views on immigration, and if Biden is not careful, and if he is perceived as too pro-immigrant, it could cause a political backlash that will bring more Republicans to power in 2022. That is correct in most cases, but there are some rare people who are able to adjust status if they win the DV lottery (I wrote about that on October 5, 2015). The regulations generally require asylum cases to be processed in less than six months, but there are broad exceptions to this time frame, and the Asylum Office can rely on those exceptions to process cases more slowly. Do you think they will help me out? Why do they take so long to approve the GC provided that they have already done the background check before. Dont think about DV lottery.I applied for asylum 2015 and won DV lottery 2017.When you are in the U.S. and win DV lottery, you have to leave here to adjust your status but you cant because of your asylum case. This will help with the deliberation process and projection for future like in 2022 an 2024. I would call the court first to ask about the case, as it may return to the docket or be rescheduled soon. I do not think they will be able to board the plane without a visa. Hi Jason, I once asked a prior Asylum Division Director about the discrepancy, and the only explanation I received was that the background checks are different at the two different agencies. Take care, Jason. Answer Both U.S. Only through relentless grilling could any politician get further. That said, to me the best president for asylum seekers would be one where we get new legislation (through Congress) clearly defining who we want to protect, and then implementing that new law. I do not really know any specifics about different background checks, and I do not know whether they perform cursory background checks for every application. Paper credential could be faked or polished For example, the 2 most populous countries in the world filed a lot of fraudulent asylum claims. Give me a break. The committee also voted down two bills that would lengthen prison sentences for fentanyl-related . Senator intervened, no result. However, a pending asylum case would not normally make someone ineligible for an H1b, since H1b is a dual intent visa, meaning that the embassy will not care whether he is trying to remain permanently in the US they should issue the visa anyway. One common reasons is the security background check. Thanks for sharing, and motivating some of us. Many people are being turned away based on Covid (under Title 42 of the US Code), and I do not know how a Chinese national would be treated. If you are eligible for asylum you may be permitted to remain in the United States. got GC though marraige. You see right through their BS! For applicants who can afford this approach, however, it might offer a way to move things along. I can begin to list them here one by one.. Remember that her boss, the president is still being criticized for the border crisis after the inauguration. Not just Potomac is the slowest center in processing EADs for Pending Asylum, but they are also reviewing other EADs in much faster timeline (2 to 5 months), why wouldnt they just divide the force to make it more even? Trust me, asylum seekers who leave their children on the other side of the border, in the hopes that a good Samaritan would find the child, is pale in comparison to some of the stories I have heard from asylum seekers who file I-589 affirmatively. Yes this is also an extremely impressive part of the story. If they do reach the US border, they can apply for asylum, but it is likely they will be detained, and they could be deported quickly depending on the case. You might also contact your Congress person, as they can sometimes help move along a slow case. I do not believe so! Thank you for all you do for the asylum community! There was a proposal in about 2007 to extend the RTD to 10 years, but it never happened. Hi everyone, I'll go straight to the point: I applied for Asylum on Oct. 2002 (Miami Asylum Office), had the interview on Feb. 2005; 15 days later I was instructed to appear at the office to pick up the asylum decision. Anyway, thank you for sharing this and congratulations again. Instead, you can file a motion to get an earlier court date. Congresswoman Intervened, no result. Jason, I agree that background checks are probably layered (for want of a better word) as it concerns the type of immigration benefit sought. My group has fought with religious group multiple times over the years in the U.S. courtsIf we continue to bring these backwards ideology to Americawouldnt this erase so many progressive gains we fought so hard over the years ? You may file for asylum if you are physically present in the United States and you are not a U.S. citizen. The company participates in E-verify. I filed for asylum based on my US citizen daughter who was going to be a victim of FGM from her fathers family. Headquarters review can take timeat one point, the average wait time was more than one year. I am sharing my timeline and details here. Then, when an application for adjustment of status is submitted, the government should really be looking for new information or if a crime- one that would trigger a bar(s) to adjustment of status under the INA- was committed, in the U.S. or overseas, while the applicant was in asylee or refugee status. I just feel that there is less and less safe land for asylum seekers these daysIf the U.S. is overrun by bad people, thats really the end for people like me, In my experience, asylum seekers contribute greatly to the US in terms of the ideas and skills they bring here, their love of America (which sadly gets tested during the very long asylum process), their energy. Unfortunately, most asylum seekers face delay at every step of the process. Related to this is the high turnover rate for Asylum Officers. Interviewed April 2017 (several requests for an interview got rejected; eventually got an interview) Maybe that will help expedite things. Im currently in removal proceedings and filed marriage based I-130 around 6 months ago (no interview so far) My lawyer told me that the priority date does not count for me to get an interview because Im in removal proceedings. However, we received a reply as our application is on the final decision. We inquired and send an email for a decision. If you plan to make an Ombudsman inquiry, it is a good idea to try one (or more) of the above methods first, as the Ombudsman will want to know what youve done to try to resolve the issue. I take back my support for Donald Trump then. I cannot believe that after 8 years of waiting I finally got my approval letter. Did you win the case ? If they do what relief can one apply for are you asked to leave the country? We typically include a photo copy of the expiring EAD, but I am not sure whether that is required (check the I-765 instructions at http://www.uscis.gov). Take care, Jason, Hi Jason What happens if you marry a U.S. citizen while your asylum application is pending? You can also email them to ask. Actually, this is an issue I have been thinking about. Take care, Jason. In terms of the question, I think you need to say yes. Just send a letter asking to withdraw the application to the asylum office with a copy of his green card. I always assume that asylum seekers should generally be in the progressive campas without those progressives, who will grant you asylumBut recently, when I try to invoke some progressive sentiment used by AOC or Bernie Sanders or other progressive members, I can feel this tangible disapproval from the asylum communitySo is thatprogressive ideas like #MeToo #MeicareForAll #BlackLivesMatter #AbolishICE #DefundThePolice not popular with asylum community at large ? "Not only is this behavior morally bankrupt and devoid of any concern for the well-being of asylum seekers, but it is also . But nowdays I see much more rush right outside of USCIS office everyday I pass by and a big Interview sign placard displaced with an arrow pointed directing to designated gate. Take care, Jason. What we should to do.. My wife and me got interviewed asylum case.Now we wait ing decisions 6 years since 2015 We check our case status it shows Application is pending.Looks still not decision complete. For those who have already been interviewed, perhaps some of these ideas can help you push the Asylum Office to issue a decision. Is it a good idea to bring in additional opponents in our asylum cases. And the application is asking for documentation of past arrest. If I brought litigation against somebody, who knew about my asylum application. For people with real asylum cases, this is not a good option, but some people file asylum basically to get into court to apply for other relief (usually Cancellation of Removal) and for such people, maybe this is an ok option (though I have my doubts that it is a good idea in most cases). It is disgusting to see such people who take joy in making the life of most vulnerable folks miserable . The wait time for a decision from Arlington seems pretty slow. Had to wait for 5 more months to receive the final decision. You would also need to use your home country passport (which may need to be explained later at the asylum interview) and a visa for the country you want to visit. Take care, Jason. Yesterday I called USCIS on the number that you provided and spoke to a USCIS agent. Take care, Jason. If all else has failed, mandamus is the last option. My grandmother is sick in a third country and I am hoping to meet her as soon as possible but dont think Ill make it. A such, if someone waited 6 or 7 years, for example, for an asylum approval- perhaps because the asylee had paid a ransom for his release, for example- it cannot be justified that the asylee should wait another 8 years, for example, for his GC to be approved because of the same trig issue. is it possible to contact local congress man to help me scheduled individual interview ? Stay Strong. If you have asylum questions, call US asylum attorney in New York: Alena Shautsova 917-885-2261. From your experience can you tell me what is this means? Did she mean that you cant claim asylum at the U.S. border because its not a legal way of migrating to the U.S.? for example, I come here to seek asylum because this country is a sanctuary for me. They could obviously do a MUCH better job. Take care, Jason, Thanks Jason . Even at your I-130 interview, you should stick to your story about your asylum and your persecution. I inquired numerous times, and I also inquire via Obbustman. Or will they be deported right away she and the kids after riding the plane all the way to the US from the Philippines? Do not give up. Do we really want Republicans to quote this administration as advocating for open borders and chaos? And, for the record, or as a side note, I do not support Congress just limiting who can apply for asylum as a way of deterring who comes to the border (this will not deter people from come). I think to get back at me, that defendant could conceivably do a lot of things to retaliate. Eventually, finished Ph.D. and my expertise was proven to be vital for the US per experts in the field > shared the info with the asylum office BUT no news again Hello Jason, what is the way forward based on the new ICE directive tjat says they are eligible to settle out of court. If you have successfully filed your asylum application with the United States Citizenship and Immigration Services (USCIS) or have your asylum application pending in immigration court, your case may be pending for several years. Just curious, cant understand. My lawyer suggested doing a draft mandamus to DOJ attorneys instead of court. Hope all is well! She knows it, we know it, but she is not letting Republicans blame the administration for any immigration crisis. Take care, Jason. Four similar cases had occurred in the preceding month. Exactly! Take care, Jason. You can find their email if you follow the link under Resources called Asylum Office Locator. Maybe try to go to different DMVs around your city/town. Lauren Sforza. New data released by Ipsos this morning has shown that around 55% of Britons expect the Tories to lose seats on Thursday, with 45% expecting Labour to pick up support. It is unfair that the Asylum Office simply does not do its job and make timely decisions, but that is where things stand. Greg Abbott (R) for his move on Monday to resume bussing migrants to cities led by Black mayors, including New York City, across the United States. #BelieveAllAsylumSeekers, I am not really in agreement with this idea. Take care, Jason, Hello Jason, Take care, Jason. I do have one case where the person paid a ransom (to criminals, not terrorists) and it has been over 5 years with no decision. What should I do, You can apply to renew the EAD normally. Vice President says the asylum seekers will be turned back, is this signaling the Biden administrations shifting policy to a more anti-asylum seeker one ? The situation in my country is getting better and I want to withdraw my asylum case and go back to my country. The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country, and cannot obtain . And I am sorry the damage done by me to the asylum community at large if any. Do I have to apply to the court for relieve to the court or uscis? Maybe if the online status recently changed, you want to wait a bit longer and see whether that has any meaning, but I think usually these changes are not meaningful. Any suggestion ? I would need a shared experience of anyone that have been through these. You are a hero! Would you, an asylee, concur with Kamala in this regard? However, do we actually believe that all asylum seekers who manage to get into the U.S., and are able to apply for asylum affirmatively and defensively, are genuine asylum seekers or meet the definition of a refugee? I do not know why it is so slow, and I think it is completely ridiculous. Hi Naya, This is not but wicked, I truly believe they want to improve USCIS. If Asylum Officers are not interviewing new cases or deciding old cases, what the heck are they doing? Thank you for sharing this useful information. You dont think putting a hold on the flow to determine the faith of hundreds of thousands of people in limbo is a good idea? Especially since they are not interviewing all that many people, you would think that they could issue decisions more quickly. What I support, though, for legal reasons, which is arguably limiting who can apply for asylum, is a clear and unambiguous definition of Particular Social Group without denying people, who would otherwise be eligible, the right to seek asylum. I will appreciate anyones experience on these. When Can I Withdraw My Asylum Application? And how soon i can get my GC im so tired of all these process, I believe there is another background check, and the processing time for a GC is 1 to 3 years (you can see processing times at http://www.uscis.gov). Take care, Jason. Examples of this threat, which occurred recently, are when Greeces Migration Minister Notis Mitarachi described asylum seekers from Syria, Afghanistan, Pakistan, Bangladesh and Somalia as illegal migrants, and when Kamala Harris, the U.S. Vice President, described the attempt to seek asylum at the U.S. border as illegal migration!
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